Writ of Retrieval
If a person is unable to enter a residence or former residence to retrieve property belonging to the person or the person's dependent because the current occupant is denying the person entry, the person may apply to the Justice Court for an order authorizing the person to enter the residence, accompanied by a peace officer, to retrieve specific items of personal property according to the Texas Property Code Section 24A.002.
If the applicant and occupant are parties to a pending or finalized divorce or annulment that covers the property being sought, the application must be filed in the court that has jurisdiction over that case.
The applicant, under oath must certify they are not parties to a pending/finalized divorce or annulment and that the applicant or the applicant's minor dependent requires personal items located in the residence that are only of the following types:
- medical records;
- medicine and medical supplies;
- child care items;
- legal or financial documents;
- checks, bank cards or credit cards in the same name as the applicant;
- employment records; or
- personal identification documents
- assistance or service animals used by the applicant or their dependent and defined as "canine"
- wireless communication devices belonging to the applicant or their dependent
- tools, equipment, books, and apparatus used by the applicant in their trade or profession
If the Judge grants the application, a bond will be set, a hearing date and time will be issued and the occupant will be served by the Constable with notice of the hearing.
To determine venue for your case, refer to the Texas Property Code Section 24A.002. Please visit Texas Constitution and Statutes website.
To search the Justice Court Precinct for your case, please visit Tarrant County Comprehensive Address Information Directory.
- Application for Writ of Retrieval of Personal Property
- Filing information for Writ of Retrieval of Personal Property
- Surety Bond on Writ of Retrieval of Personal Property
- Cash Bond on Writ of Retrieval of Personal Property
- $54 filing fee
- $75 Constable fee if the application is approved
- $155 Constable fee if Writ of Retrieval is granted